Classic case of self defense.

Man shot after breaking in on estranged wife and her boyfriend
By Lindsay Whitehurst
The Salt Lake Tribune
Article Last Updated: 09/18/2008 11:57:49 AM MDT

Posted: 11:55 AM- Robert Hunter, 50, was shot Wednesday after he broke in on his romantic rival and estranged wife at the other man's home in West Valley City, police said.
Served with divorce papers earlier that day, Hunter broke a sliding glass door and entered the home of Joe McIntosh, 48, with two loaded handguns at about 9 p.m., West Valley City police Lt. Tom McLachlan said.
McIntosh "feared for his life" and he shot Hunter at least once with a 12-gauge shotgun, McLachlan said.
Hunter fled the house near 3700 South and 6000 West toward his truck, which was parked a street away. Someone at the house called police, who found Hunter wounded in the chest and arm. He was flown to University Hospital by helicopter in critical condition, but was upgraded to stable condition Thursday and is expected to survive.
McIntosh was not injured. The two men knew each other and had exchanged threats before, McLachlan said.
Hunter and his wife had been separated for about two months, but exact nature of her relationship with McIntosh was unclear. Her name was not released.
McLachlan would not say whether the two men fought or whether Hunter's firearms had discharged.
McIntosh was taken into custody and interviewed, but later released. Under Utah law, a resident has the right to protect his property, but he or she must use "reasonable force," McLachlan said.
The case will be sent to the Salt Lake County District Attorney's office for screening for possible charges today.
lwhitehurst@sltrib.com

Um, Officer McLachlan, how about defense of life? I think property is secondary here. The man was obviously there with malice aforethought.

Absolutely spot-on, A+ self-defense case.

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ErikS

September 18, 2008, 06:38 PM

Checked Wikipedia:
http://en.wikipedia.org/wiki/Castle_Doctrine
Utah has historically adhered to the principles of "stand your ground" without the need to refer to this new legislation. The use of deadly force to defend persons on one's own property is specifically permitted by Utah state law.[13] The law specifically states that a person does not have a duty to retreat[14] from a place where a person has lawfully entered or remained.

But it would be nice of the officer to say that you have the right to defend your life too

Intruder shot by homeowner in West Valley
By Pat Reavy
Deseret News
Published: September 18, 2008
An estranged husband who was shot after breaking into the home of his wife's male friend remained at University Hospital Thursday.

Robert Hunter, 50, was shot in the chest and arms with a 12-gauge shotgun after police say he broke into the home of Joe McIntosh Wednesday night. West Valley Police Capt. Tom McLachlan said Hunter's injuries were not believed to be life threatening.

The incident began just before 9 p.m. near 3700 South and 6000 West. Hunter allegedly parked his truck a street away and walked to McIntosh's home. Hunter, who had been separated from his wife for several months, had been served divorce papers earlier that day, McLachlan said.

His estranged wife was in the house with McIntosh. Hunter went to the back sliding glass door and allegedly entered the house after shattering the glass, McLachlan said.

There had been previous incidents between Hunter and McIntosh, including some threats, McLachlan said.

"Those threats may have made (McIntosh) quite leery," he said.

McIntosh fired a shotgun at Hunter almost as soon as he entered. Hunter was hit and retreated. Investigators later learned that Hunter was carrying 9 mm and .22-caliber handguns with him that were loaded. Police said whether Hunter pointed his weapons at anyone, whether he fired a shot or whether McIntosh even knew he was armed, were all questions being addressed in the ongoing investigation.

Officers arriving at the scene weren't sure what had happened at first, and for safety they set up a containment of the area and had McIntosh and the woman come outside and surrender.

Hunter was found next to his truck, McLachlan said. He was taken by medical helicopter to the hospital.

McIntosh was not arrested. All three weapons involved in the incident were seized as evidence. McLachlan said the case would be screened by the Salt Lake District Attorney's Office to determine what charges to file, if any, and against whom they should be filed.

Speaking in general terms and not specific to Wednesday's incident, McLachlan said citizens have a right to defend themselves and their homes by reasonable means and can defend their lives if they believe there is a valid threat against their own life.

E-mail: preavy@desnews.com

jrfoxx

September 18, 2008, 08:32 PM

Um, Officer McLachlan, how about defense of life? I think property is secondary here.
Agreed. I REALLY dont think the soon-to-be Ex was there to steal the guys tv or vcr. It's pretty clear his plan was to try to murder the guy and/or the woman.

all that aside, based on the ifo, it sounds like a legit SD shooting to me.

BruceRDucer

September 18, 2008, 08:52 PM

Well gee whiz, Breaking & Entering with 2 handguns in hand.

The homeowner was better armed in my opinion.:uhoh::uhoh::uhoh::what:

I_AM_LEGEND

September 18, 2008, 08:55 PM

The guy's wife is banging some other dude, she's divorcing him and probably taking him for half what he's worth and the guy bangin his wife shot him with a shotgun... Now that's a bad day.... I almost feel sorry for the guy... lol

Tacbandit

September 18, 2008, 09:00 PM

A bird (gun) in the hand is better than two in a bush...
Hey,...look for trouble, and you just may find it...
S-T-U-P-I-D ......and L-U-C-K-Y to be alive

TCUGLOCKER

September 19, 2008, 03:37 AM

This is an interesting case of actual stopping power. Guy was successful with his Shotgun but the intruder was still able to vacate the area and get to his vehicle. This shows once again that you should shoot until the threat is eliminated and you can't bring enough gun to a fight. Clearly Self-Defense.

Deanimator

September 19, 2008, 08:28 AM

Shotgun vs. two pistols.
Maybe he shouldn't have been trying to shoot both pistols at once while flying through the air...

makarovnik

September 19, 2008, 08:43 AM

Can't we all just get along?

Kind of Blued

September 19, 2008, 08:49 AM

One might infer that the intruder assumed that the homeowner was unarmed by both his method of entry and his swift retreat once "informed".

Chalk one up for concealed carry, gun ownership, and legal home defense.

Remove one point from Chicago, NYC, and D.C. ideology.

Who has the official tally again? :)

Starship1st

September 19, 2008, 09:29 AM

Why is the home owner sbject for investigation by the AG? The intruder (Mr Hunter) had two hand guns, broke into the house via sliding glass door, after 9 PM: I suppose he was just there to talk and congradulate his ex?

Why should the home owner retreat? He is well within his rights. :fire:

sithanas

September 19, 2008, 10:46 AM

The investigation probably relates to the potential for exchanged threats between the two men... the news reports above both mention previous exchanges between the two which may have contributed to the breaking and entering.

(AKA you're not totally innocent if you shoot someone who's breaking into your house if you told them you're going to shoot them next time you see them a half hour before the incident, et cetera.)

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